2018-07-18 17:57:29 +02:00
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VirtualBox Extension Pack Personal Use and Evaluation License (PUEL)
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License version 10, 20 July 2017
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PLEASE READ THE FOLLOWING ORACLE VM VIRTUALBOX EXTENSION PACK PERSONAL
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USE AND EVALUATION LICENSE CAREFULLY BEFORE DOWNLOADING OR USING THE
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ORACLE SOFTWARE. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT
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BETWEEN YOU AND ORACLE.
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ORACLE AMERICA, INC. ("ORACLE") IS WILLING TO LICENSE THE PRODUCT DEFINED
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IN SECTION 1 BELOW ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS
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CONTAINED IN THIS VIRTUALBOX EXTENSION PACK PERSONAL USE AND EVALUATION
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LICENSE AGREEMENT ("AGREEMENT").
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IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF AN ENTITY (RATHER THAN
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AS AN INDIVIDUAL HUMAN BEING), YOU REPRESENT THAT YOU HAVE THE APPROPRIATE
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AUTHORITY TO ACCEPT THESE TERMS AND CONDITIONS ON BEHALF OF SUCH ENTITY.
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1 SUBJECT OF AGREEMENT. This Agreement governs your use of the binary
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software package called "Oracle VM VirtualBox Extension Pack" (the
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"Product"), which contains a set of additional features for "Oracle
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VM VirtualBox" that enhance the operation of multiple virtual machines
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("Guest Computers") on a single physical computer ("Host Computer"). The
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Product consists of executable files in machine code, script files,
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data files, and all documentation and updates provided to You by Oracle.
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2 GRANT OF LICENSE. Oracle grants you a personal, non-exclusive,
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non-transferable, limited license without fees to reproduce, install,
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execute, and use internally the Product on Host Computers for
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your Personal Use, Educational Use, or Evaluation. "Personal Use"
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is noncommercial use solely by the person downloading the Product
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from Oracle on a single Host Computer, provided that no more than one
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client or remote computer is connected to that Host Computer and that
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client or remote computer is used solely to remotely view the Guest
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Computer(s). "Educational Use" is any use by teachers or students in
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an academic institution (schools, colleges and universities) as part of
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the institution's educational curriculum. "Evaluation" means testing the
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Product for up to thirty (30) days; after expiry of that term, you are
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no longer permitted to use the Product. Personal Use and/or Educational
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Use expressly exclude any use of the Product for commercial purposes or
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to operate, run, or act on behalf of or for the benefit of a business,
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organization, governmental organization, or educational institution.
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Oracle reserves all rights not expressly granted in this license.
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3 RESTRICTIONS AND RESERVATION OF RIGHTS.
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(1) The Product and copies thereof provided to you under this Agreement
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are copyrighted and licensed, not sold, to you by Oracle.
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(2) You may not do any of the following: (a) modify any part of the
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Product, except to the extent allowed in the documentation accompanying
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the Product; (b) rent, lease, lend, re-distribute, or encumber the
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Product; (c) remove or alter any proprietary legends or notices contained
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in the Product; or (d) decompile, or reverse engineer the Product
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(except to the extent permitted by applicable law).
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(3) The Product is not designed, licensed or intended for use in the
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design, construction, operation or maintenance of any nuclear facility
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and Oracle and its licensors disclaim any express or implied warranty
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of fitness for such uses.
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(4) No right, title or interest in or to any trademark, service mark, logo
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or trade name of Oracle or its licensors is granted under this Agreement.
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4 TERMINATION. The Agreement is effective on the date you receive the
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Product and remains effective until terminated. Your rights under this
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Agreement will terminate immediately without notice from Oracle if
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you materially breach it or take any action in derogation of Oracle's
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and/or its licensors' rights to the Product. Oracle may terminate this
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Agreement immediately should any part of the Product become or in Oracle's
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reasonable opinion likely to become the subject of a claim of intellectual
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property infringement or trade secret misappropriation. Upon termination,
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you will cease use of and destroy all copies of the Product under your
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control and confirm compliance in writing to Oracle. Sections 3-9,
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inclusive, will survive termination of the Agreement.
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5 DISCLAIMER OF WARRANTY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW,
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ORACLE PROVIDES THE PRODUCT "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
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EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ORACLE SPECIFICALLY
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DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
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PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. The entire risk as
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to the quality and performance of the Product is with you. Should it
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prove defective, you assume the cost of all necessary servicing, repair,
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or correction.
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6 LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW,
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IN NO EVENT WILL ORACLE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
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PROFIT, DATA, OR DATA USE, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
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INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY
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OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO
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USE THE PRODUCT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF
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SUCH DAMAGES. In no event will Oracle's liability to you, whether in
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contract, tort (including negligence), or otherwise, exceed the amount
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paid by you for the Product under this Agreement.
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7 SEPARATELY LICENSED THIRD PARTY TECHNOLOGY. The Product may contain
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or require the use of third party technology that is provided with
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the Product. Oracle may provide certain notices to you in the Product's
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documentation, readmes or notice files in connection with such third party
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technology. Third party technology will be licensed to you either under
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the terms of this Agreement or, if specified in the documentation, readmes
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or notice files, under Separate Terms. Your rights to use Separately
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Licensed Third Party Technology under Separate Terms are not restricted
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in any way by this Agreement. However, for clarity, notwithstanding the
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existence of a notice, third party technology that is not Separately
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Licensed Third Party Technology shall be deemed part of the Product and
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is licensed to You under the terms of this Agreement. "Separate Terms"
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refers to separate license terms that are specified in the Product's
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documentation, readmes or notice files and that apply to Separately
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Licensed Third Party Technology. "Separately Licensed Third Party
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Technology" refers to third party technology that is licensed under
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Separate Terms and not under the terms of this Agreement.
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8 EXPORT. Export laws and regulations of the United States and any other
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relevant local export laws and regulations apply to the Product. You
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agree that such export laws govern your use of the Product (including
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technical data) provided under this Agreement, and you agree to comply
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with all such export laws and regulations (including "deemed export" and
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"deemed re-export" regulations). You agree that no data, information,
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and/or Product (or direct product thereof) will be exported, directly or
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indirectly, in violation of these laws, or will be used for any purpose
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prohibited by these laws including, without limitation, nuclear, chemical,
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or biological weapons proliferation, or development of missile technology.
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9 U.S. GOVERNMENT END USERS. Oracle programs, including the Product,
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any operating system, integrated software, any programs installed on
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hardware, and/or documentation, delivered to U.S. Government end users
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are "commercial computer software" pursuant to the applicable Federal
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Acquisition Regulation and agency-specific supplemental regulations. As
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such, use, duplication, disclosure, modification, and adaptation of
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the programs, including any operating system, integrated software,
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any programs installed on the hardware, and/or documentation, shall
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be subject to license terms and license restrictions applicable to the
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programs. No other rights are granted to the U.S. Government.
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10 MISCELLANEOUS. This Agreement is the entire agreement between you
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and Oracle relating to its subject matter. It supersedes all prior or
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contemporaneous oral or written communications, proposals, representations
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and warranties and prevails over any conflicting or additional terms
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of any quote, order, acknowledgment, or other communication between
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the parties relating to its subject matter during the term of this
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Agreement. No modification of this Agreement will be binding, unless in
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writing and signed by an authorized representative of each party. If any
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provision of this Agreement is held to be unenforceable, this Agreement
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will remain in effect with the provision omitted, unless omission would
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frustrate the intent of the parties, in which case this Agreement will
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immediately terminate. This Agreement is governed by the laws of the
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State of California, USA, and you and Oracle agree to submit to the
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exclusive jurisdiction of, and venue in, the courts of San Francisco
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or Santa Clara counties in California in any dispute arising out of or
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relating to this Agreement.
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